- (1.)In the present appeal the appellant has brought in challenge the judgment and award dated 8 passed by Motor Accident Claims Tribunal (Main) Junagadh in M. A. C. Petition Nos. 304/81 and 305/81 whereby the petitioners of both the petitions were awarded sum Rs. 87 0 as compensation with proportionate costs and interest at the rate of 6% from the date of application till realisation under the common award.
(2.)The unfortunate accident has taken place on 29 at about 9-30 a. m. On Junagadh-Veraval Highway at the sign-board of village Shantipara. Deceased Karman @ Kama Rama aged about 38 years along with his wife Ashbai Kama aged about 35 years had just alighted from a bus and were proceeding towards their village when from the opposite side came another bus and crushed them both. Unfortunate couple died on the spot due to injuries sustained by them. Claimant No. 1 is mother of deceased Kama Rama and claiment Nos. 2 to 5 are the children of deceased couple. Claimants claimed compensation amount of Rs. 60 0 in respect of deceased Karman Rama while claimants claimed Rs. 50 0 as compensation in the case of death of Ashbai Kama in two separate claim petitions. Claimants in all claimed Rs. 1 10 0 by way of compensation from the opponents. However as both the claim petitions had arisen out of one accident and claimants in both the petitions were same both petitions were heard together and by composite order the learned Tribunal awarded sum of Rs. 87 0 as compensation to the claimants for deaths of both the persons.
(3.)In this appeal the short point involved and vehemently contended by the learned Counsel for the appellant Insurance Company is whether the claimants are entitled to the compensation under the head Pain Shock & Sufferings as has been awarded by the learned Tribunal in this case. Mr. M. D. Pandya learned Counsel for the appellant-Insurance Company further submitted that the learned Tribunal has awarded Rs. 10 0 under the head of Pain Shock and Sufferings and further Rs. 2 0 for funeral expenses which the claimants are not entitled to receive. The learned Counsel further submitted that evidence reveals that both victims died on the spot and therefore the claimants are not entitled to receive any amount of compensation under the head Pain Shock & Sufferings. The learned Counsel has submitted that this issue has been dealt with by this Court in the judgment in the case of Union Co.-operative Insurance Society Ltd. v. Bhartiben wd/o Hasmukhlal Narmadashankar & Ors. reported in 19 G. L. R. 820. Learned Counsel has further submitted that this issue is squarely covered by the above-referred judgment and therefore claimants are not entitled to the compensation amount of Rs. 10 0 as has been awarded by the learned Tribunal under the head Pain Shock & Sufferings.